Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules 38141

1See example of letter to interested parties

requesting comment on the issue of residuals dated

October 1, 1997 from David Bussard to Kyle

Isakower, American Petroleum Institute; see also

comment in response from Amoco Petroleum

Products, Comment #PRA–L0011.

Description of Gasification Process

Gasification is a chemical conversion

process that converts hydrocarbon

feedstocks into a synthetic natural gas

product, often called ‘‘synthesis gas’’ or

‘‘syngas’’. This process occurs under

oxygen-starved (or reducing) conditions,

which distinguishes gasification from

combustion. Under high temperature

and pressure, the hydrocarbon

feedstocks are converted primarily into

carbon monoxide, hydrogen gas,

nitrogen gas, and hydrogen sulfide.

Solid residues from gasification include

a glass-like slag produced in the

gasification process, and sulfur from

clean-up of the synthesis gas.

Information the Agency has received

indicates the potential advantages of

gasification, including very efficient

conversion of hydrocarbons to synthesis

gas, the lack of air emissions (i.e., SOx

and NOx compounds) formed during

gasification, and a relatively clean

product fuel. Based upon the

information submitted to the Agency,

the gasification process in some ways

might compete with the petroleum

coker for the same types of oil-bearing

materials, but in a somewhat different

manner such that gasification does a

better job of recovery of energy values.

For example, the synthesis gas produced

from oil-bearing materials can be used

as a fuel (i.e., a substitute for natural

gas) in units such as a combustion

turbine for producing electricity and/or

steam. In addition, the syngas can be

used as a feedstock in producing other

chemicals, or processed further to

produce hydrogen.

Hydrocarbon Feedstocks for

Gasification

According to information supplied to

EPA suitable hydrocarbon feedstocks for

gasification include many of the oilbearing secondary materials generated at

petroleum refineries that are the subject

of the proposed exclusions in the

November 21, 1995 proposal, including

primary and secondary wastewater

treatment sludges, and API separator

sludges. 60 FR at 57747. Petroleum coke

itself (both on-spec and off-spec) can be

used as a gasification feedstock. The

continued extraction and recovery of

hydrocarbon values from these oilbearing hazardous secondary materials

within the petroleum industry is the

basis for these proposed exclusions. 60

FR at 57754. It is from this perspective

that the Agency is interested in

information that would help determine

whether or not to extend the exclusion

for oil-bearing hazardous secondary

materials that are inserted into

petroleum refineries, to the same

materials when they are inserted into

gasification units. The Agency would

consider the same conditions on the

exclusion as was proposed for materials

inserted into petroleum refineries, such

as the limitation on the source of the oilbearing materials, the condition barring

land placement or speculative

accumulation, and the regulation of

residuals generated during the

processing of oil-bearing hazardous

secondary materials (if the residuals are

to be disposed).1

Information in the Docket

Information placed in the docket for

this Notice was submitted to the Agency

primarily from members of the

Gasification Technologies Council, both

before and after the proposed

rulemaking on April 19, 1996 and

November 20, 1995. This information

includes descriptions of the gasification

process, suitable feedstocks for

gasification, a description of gasification

activities worldwide, and

environmental and economic benefits of

gasification. Also included are (1)

public comments submitted by the

gasification industry to EPA during the

related comparative fuels rulemaking

mentioned above; (2) EPA’s letter of

May 28, 1995 to Mr. William Spratlin of

EPA Region VII describing the present

regulatory status of a particular

gasification operation operated by

Texaco; (3) public comments of

Strategic Environmental Analysis, Inc.

in this proceeding, maintaining that the

gasification process is an

environmentally superior means of

recovering hydrocarbon values from

petroleum industry secondary materials.

EPA will evaluate any new comments

on whether this additional information

supports inclusion of gasification units,

along with petroleum refining units, as

places where certain oil-bearing

hazardous secondary materials can be

recycled and still be excluded under the

proposed rule.

Dated: June 4, 1998.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 98–18731 Filed 7–14–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 88–079]

RIN 2115–AD12

Implementation of the Commercial

Fishing-Industry Vessel Regulations

AGENCY: Coast Guard, DOT.

ACTION: Notice of termination of

proposed rule.

SUMMARY: This rulemaking project was

initiated to address all applicable

provisions of the Commercial Fishing

Industry Vessel Safety Act of 1988. The

Coast Guard addressed all these

provisions with the exception of two,

immersion suits and vessel stability.

Because these issues were controversial,

the Coast Guard delayed developing

regulations covering them so that other

provisions of the Act could proceed.

Since that time, new issues pertaining to

commercial fishing vessel safety have

been identified. The Coast Guard

believes it to be in the fishing industry’s

best interest to develop only one set of

regulations to include immersion suits,

vessel stability, and all newly identified

commercial fishing industry issues. The

Coast Guard intends to terminate this

docket [89–079], and create a new

docket to resolve the remaining issues.

DATES: This notice is effective July 15,

1998.

ADDRESSES: You may mail comments to

the Docket Management facility, [USCG

89–079], U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC

20590–0001, or deliver them to room

PL–401, located on the Plaza Level of

the Nassif Building at the same address,

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

The Docket Management Facility

maintains the public docket for this

request for information. Comments, and

documents as indicated in this

preamble, are part of this docket and

will be available for inspection or

copying at room PL–401, located on the

Plaza level of the Nassif Building at the

same address, between 10 a.m. and 5

p.m., Monday through Friday, except

Federal holidays. You may also access

this docket on the Internet at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

For information on the public docket,

call Carol Kelley, Coast Guard Dockets
38142 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules

Team Leader, or Paulette Twine, Chief,

Documentary Services Division, U.S.

Department of Transportation,

telephone 202–366–9329. For

information concerning the notice of

termination, contact Lieutenant

Commander Randy Clark, Office of

Operating and Environmental Standards

(G–MSO), telephone 202–267–0836.

SUPPLEMENTARY INFORMATION:

Commercial Fishing Industry Vessel

Safety Act of 1988

On September 9, 1988, chapter 45

(Uninspected Commercial Fishing

Industry Vessels, sections 4501 through

4508) of title 46 United States Code, was

amended by the Commercial Fishing

Industry Vessel Safety Act of 1988, Pub.

L. 100–424 (the Act). The Act requires

the Secretary of Transportation to

prescribe regulations for safety

equipment and vessel operating

procedures on commercial fishing

industry vessels. The Secretary

delegated this authority to regulate

commercial fishing vessels to the

Commandant of the Coast Guard.

Rulemakings Developed Under the Act

Under the Act, several rulemakings

emerged. On 14 August 1991, a final

rule entitled, ‘‘Commercial Fishing

Industry Vessel Regulations’’ was

published in the Federal Register (56

FR 40364). The regulations are for U.S.

documented or state numbered

uninspected fishing, fish processing,

and fish tender vessels. The provisions

established requirements for navigation;

radio; firefighting and lifesaving

equipment; fuel, ventilation, and

electrical systems; as well as the original

requirements for immersion suits.

On 3 August 1992, the Coast Guard

published an interim final rule in the

Federal Register (57 FR 34188). As a

result of the public comments, the rule

removed the requirements for vessels to

carry immersion suits for each

individual on board both

undocumented commercial fishing

industry vessels operating on coastal

waters that are only seasonably cold and

documented commercial fishing

industry vessels operating inside the

Boundary Line on coastal waters that

are only seasonably cold.

On 20 May 1993, the Coast Guard

published a notice of proposed

rulemaking entitled, ‘‘Immersion Suits

for Documented and Undocumented

Commercial Fishing Industry Vessels

Operating on Coastal Waters that are

Seasonably Warm’’ in the Federal

Register (58 FR 29502). This rulemaking

proposed the reinstatement of the

original requirements published in the

final rule on 3 August 1992. The

proposed action was a result of

consultation between the Coast Guard

and the Commercial Fishing Industry

Vessel Advisory Committee.

Throughout the notice and comment

process for all of the rulemakings,

significant controversy was identified

concerning the provisions affecting

immersion suits and vessel stability.

Because of this controversy, the Coast

Guard recognized that regulatory action

would not occur in a timely fashion.

Consequently, requirements covering

immersion suits and vessels stability

were held in abeyance so that other

provision of the Act could proceed.

On 24 October 1995, the Coast Guard

published a final rule in the Federal

Register (60 FR 54441) to address the

requirements of the Aleutian Trade Act

[Pub. L. 101–595].

On 4 September 1997, the Coast

Guard published a final rule entitled,

‘‘Commercial Fishing Industry Vessel

Regulations’’ in the Federal Register (62

FR 46672). This rule established

requirements for safety equipment and

vessel operating procedures on

commercial fishing industry vessels to

improve their overall safety.

Since that time, other issues

pertaining to commercial fishing vessel

safety have been identified. The Coast

Guard has determined that it can most

effectively develop regulations for

immersion suits, vessel stability, and

other newly identified issues by

initiating a new rulemaking under a

new docket number.

Dated: May 18, 1998.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 98–18819 Filed 7–14–98; 8:45 am]

BILLING CODE 4910–15–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[GC Docket No. 98–73; FCC 98–98]

Permit-But-Disclose Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission proposes to

amend its regulations concerning ex

parte presentations as applied to Joint

Board proceedings and proceedings

before the Commission involving a

recommendation from a Joint Board. In

such proceedings, the Commission

proposes to require disclosure of

presentations by state commissions,

their members, and their staffs to Joint

Boards and the FCC only if the

presentations are of substantial

significance and clearly intended to

affect the ultimate decision. The

intended effect of this proposal is to

facilitate communications by the states

in Joint Board proceedings.

DATES: Comments must be filed on or

before August 14, 1998; reply comments

must be filed on or before August 31,

1998.

ADDRESSES: Federal Communications

Commission, Room 610, 1919 M Street

NW., Washington DC 20554.

FOR FURTHER INFORMATION CONTACT:

David S. Senzel, Office of General

Counsel (202) 418–1720.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking (NPRM), GC

Docket No. 98–73, adopted on June 26,

1998, and released June 30, 1998. The

full text of the NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street NW.,

Washington, DC. The complete text may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, Washington, DC

20036, telephone (202) 857–3800.

Summary of Further Notice of Proposed

Rule Making

1. The provisions of the

Communications Act recognize the

strong public interest in the cooperation

of the FCC and the states in deciding

questions relating to common carriers.

Section 410(c) of the Act, 47 U.S.C.

410(c), requires the establishment of

Federal-State Joint Boards with respect

to any matter concerning jurisdictional

separations of common carrier property,

and, with the exception of adjudications

designated for hearing, allows the

Commission to refer to a Joint Board any

other matter relating to common carrier

communications of joint federal-state

concern. See also 47 U.S.C. 410(a). Joint

Boards are empowered to issue

recommended decisions for review and

action by the Commission. They have

played a key role in deciding crucial

public policy issues regarding common

carriers.

2. Joint Boards are subject to the

Commission’s ex parte rules (47 CFR

1.1200 et seq.), which are intended to

ensure fairness in Commission

proceedings. See generally, Report and

Order in GC Docket No. 95–21, 62 FR

15852 (April 3, 1997), 12 FCC Rcd 7348

(1997), pet. recon. pending. Under these

rules, Joint Board proceedings and